Sheffield Solicitor Kevin Robinson eagerly awaits the results of the Scott inquiry into the arms to Iraq affair which now seems certain to be published early in the new year.This month he successfully led the appeal of the Ordtec businessmen, the last of six cases arising from prosecutions over the arms trade with Iraq which have gone against the government.Mr Robinson, head of Irwin Mitchell's business crime unit, puts it more succinctly: 'British businessmen six -- the government nil'.
This from a lifelong Manchester United supporter who as an articled clerk in the 1970s had to serve a writ on George Best for an unpaid debt.Since then Mr Robinson's most famous association has been with the 'supergun' and Matrix Churchill cases.
Indeed, he expects to continue to be advising on arms to Iraq cases as the legal and political ramifications rumble on past the Scott inquiry.It is difficult to imagine anyone, apart from members of the government and Lord Justice Scott himself, with more insight into the political machinations and blundering behind the arms trade with Iraq.
He has al ready been asked to provide the Scott inquiry with an analysis of the Matrix Churchill prosecution.
But he will not prejudge Lord Justice Scott's findings, which he expects will be 'through and balanced' with significant political fall-out.The 47-year-old lawyer first received instructions in the 'supergun' case in 1990, just after Customs officers uncovered the 'giant pipes' awaiting shipment to Iraq.
Chris Cowley, who was one of two men subsequently charged with trade infringement offences was put in contact with the Sheffield firm through a journalist go-between.At the time Mr Cowley was still in hiding.
But once Customs had charged him, Mr Robinson brought him to Customs officials.By this time Mr Robinson had gleaned from Mr Cowley the extent of the government's involvement and so first saw the political implications.
But the night before Mr Robinson was due in court he received a telephone call at home to say the case had been dropped.'It was a complete bolt from the blue.
I was totally non-plussed by it because there was clearly a case to answer on the papers.
We would certainly have accepted an s.6(2) committal.'He describes the then Attorney-General, Sir Patrick Mayhew's explanation for dropping the case as an 'attitude of stupendous magnanimity'.This month the Italian arms to Iraq prosecutions began with Mr Cowley again named as a defendant.
Because Customs offences are not included in the schedule to the Extradition Act, Mr Robinson is advising his client to stay at home and not take part in the proceedings: 'What it means is he can't go to Italy but other than that he doesn't have too much to worry about.'In Matrix Churchill the government pressed the charges all the way to court and ended up mounting its own defence against accusations of political collusion in the signing of public interest immunity certificates.
After evidence given by former minister Alan Clark the jury was directed to acquit the defendants.One of the reasons the documents covered by the immunity certificates came to light was the work done by Mr Robinson in using evidence made available to the Gonzalez inquiry -- the USA's equivalent of the Scott inquiry looking at that country's involvement in an illegal arms trade with Iraq.It became clear, says Mr Robinson, that CIA communications with British secret services showed the British were aware of what Paul Henderson and Matrix Churchill were doing.
'It was very useful because, not only did it show to me that Paul Henderson was telling the truth, but it meant we could use the American material to help frame our questions when asking for discovery.'Mr Robinson says he had no direct knowledge of government collusion in any of the cases he has acted in.
'One has to draw one's own conclusions,' he says.If anything, he seems more in favour of a cock-up theory rather than a sinister conspiracy.
'I would take a great deal of convincing that when Customs launched its prosecutions it did not know the full truth of government policy towards trade with Iraq.'However, his clients feel they have 'been used in a political game of chess'.
Following the 'supergun' discovery in 1990, the political climate changed as pressure mounted to bring prosecutions.Mr Robinson comments: 'Because of the public outrage following the "supergun" discovery, they feel they were picked upon as scapegoats.' And he thinks it was significant that none of the 'major players' who had been trading with Iraq were prosecuted.Without any major reform in criminal procedure Mr Robinson believes another serious injustice like Matrix Churchill or Ordtec could be repeated.Mr Robinson is scathing about the government's attempts to reform the rules of disclosure in criminal trials.
Last week's Queen's Speech included a Bill to adjust the balance of disclosure in favour of the prosecution.He says: 'Anyone who has anything to do with the criminal trial process can see that [the proposals] are unfair and baseless.' He describes them as being 'extremely fertile ground for miscarriages of justice'.
'In theory defendants are innocent until proven guilty, so to say that these proposals are getting tough on criminals presupposes that they are already criminals before a jury has delivered a verdict.'But he is not making any political points.
'I have heard some things coming from Labour's spokesman which fill me with as much concern as the current administration.' Although a substantial part of Mr Robinson's practice is concerned with representing defendants against serious fraud charges, his work covers all business crime.
And along with companies falling foul of environmental laws and employers breaching health and safety regulations, defaulting solicitors are now a significant part of his practice.He admits this area of his work has expanded over recent years but he believes this is not because more solicitors are committing frauds but because the prosecuting authorities are 'much more willing to act'.
Even so, the Matrix Churchill lawyer has yet to appear on behalf of a solicitor in front of the Solicitors Disciplinary Tribunal.
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